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Terms and Conditions of Use

Company Data

In compliance with reporting obligations stipulated in Article 10 of Law 34/2002 of July 11th, Information Society Services and Electronic Commerce in Spain, the Data Protection Law in Spain, and the European Union’s General Data Protection Regulation (GDPR), Brainstorm Multimedia, SL (Brainstorm) as owner of the Brainstorm website, proceeds to communicate the identifying information required by that standard:

  • Company Name: BrainstormMultimedia, SL
  • Address: Avenida de la Albufera, 321, 3rd floor, Office 12.
  • VAT: B80767445
  • Email Address: webmaster@brainstorm3d.com

The following information describes and regulates the Terms and Conditions of use, limitations of liability and obligations that users and visitors of the Brainstorm webpage that is published under the domain name www.brainstorm3d.com (Brainstorm website) assume and undertake to respect.

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: webmaster@brainstorm3d.com

Terms of Use

The Brainstorm Website (www.brainstorm3d.com) is a page dedicated to providing information about Brainstorm and its products. By accessing this web site, you are agreeing to be bound by these online store Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this online store are protected by applicable copyright and trade mark law.

The contents, logos and product images are property of Brainstorm or their respective owners.

The user is obliged and undertakes to use the Site and the Content in accordance with current legislation, the Legal Notice and any other notice or instructions made known, either through this legal notice or elsewhere within any content of the Page, as well as with the rules of coexistence, morality and generally accepted good manners. To that end, the User undertakes NOT to use any of the Contents with illicit purposes or effects, prohibited in the Legal Notice or by current legislation, harmful to the rights and interests of third parties, or that in any way may harm, disable, overload, deteriorate or prevent the normal use of the Content, computer equipment or documents, files and any kind of content stored on any computer equipment owned or hired by Brainstorm, other Users or any Internet user.

The User shall not reproduce, copy, distribute, make available, transform or modify the material contained in the Site, unless you have obtained the express written authorization of Brainstorm, the rights’ holder, or that it proves legally permitted.

The User shall not delete, manipulate or in any way alter the “copyright” and other identifying data of the reserved rights of Brainstorm or their holders, Footprints and / or digital IDs, or any other technical means established for recognition.

Brainstorm may revise these terms of use for its online store at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Current version is dated May 2018.

Copyright

The information contained in this site is property of Brainstorm Multimedia S.L. (Brainstorm). The information is provided “as is” and intended for general purposes only. Brainstorm reserves the right to alter it at any time, without prior notice. Brainstorm accepts no liability for the accuracy of the information herein or for the use any other party could make of the information in this site.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Brainstorm Store or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Brainstorm Store, with copyright authorship for this collection by Brainstorm, and protected by international copyright laws.

You might download information and pictures from this site, when allowed, for your information. However, materials may not be reproduced by any means unless allowed by written consent provided by Brainstorm Multimedia, S.L. Materials such as, but not limited to, customer, partner or reseller logos, pictures or information are property of their respective owners.

Brainstorm’s trademarks and trade dress may not be used in connection with any product or service that is not Brainstorm’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brainstorm. All other trademarks not owned by Brainstorm or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brainstorm.

Intellectual Property

All trademarks, trade names or logos of any kind appearing on the Site are the property of Brainstorm or their respective owners, that have authorized its use, without it being understood that the use or access to the Portal and / or the Content provides the User any right on the aforementioned trademarks, trade names and / or distinctive signs, and cannot be understood as being assigned to the User none of the exploitation rights that exist or may exist on said Contents. In the same way, the Contents are intellectual property of Brainstorm, or third parties where appropriate. The User will not have the rights of reproduction, distribution, public communication and transformation of the Contents unless obtained written consent by the Content’s owner(s). The unauthorized use of the information contained in this Web, as well as the infringement of the Intellectual or Industrial Property rights of Brainstorm or third parties included in the Page that have yielded contents, will give rise to legally established responsibilities.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Brainstorm’s webpage for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials.
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
  • attempt to decompile or reverse engineer any software contained on Brainstorm’s web site.
  • remove any copyright or other proprietary notations from the materials.
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Brainstorm at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on the Brainstorm website are provided “as is”. Brainstorm makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Brainstorm does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet online store or otherwise relating to such materials or on any sites linked to this site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. You have the right to access, review, modify and delete any personal data required on this site, by sending an email to webmaster@brainstorm3d.com, in accordance to the Law. More information about Brainstorm’s Privacy Policy can be found on this link: Brainstorm website Privacy Policy.

The following outlines our privacy policy:

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • Brainstorm will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • Brainstorm will only retain personal information as long as necessary for the fulfillment of those purposes.
  • Brainstorm will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • Brainstorm will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • Brainstorm will make readily available to customers information about our policies and practices relating to the management of personal information.
  • Brainstorm are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
  • Brainstorm will not store information regarding the payment methods or card numbers.

Availability of the Page

Brainstorm does not guarantee no interruptions or errors in accessing the website, its contents, nor that it is updated, although its best efforts to, as appropriate, prevent, correct or update them. Therefore, Brainstorm is not responsible for damages or damages of any kind produced in the User that bring about cause of failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the service of the Portal during the provision of the same or prior.

Brainstorm   excludes, with the exceptions contemplated in the current legislation, any liability for damages of any kind that may be due to the lack of availability, continuity or quality of the operation of the Page and the Contents, to the non-fulfilment of the expectation of usefulness that the users could have attributed to the Page and the Contents.

Quality of the Page

The materials appearing on Brainstorm’s online store could include technical, typographical, or photographic errors. Brainstorm does not warrant that any of the materials on its online store are accurate, complete, or current. Brainstorm may make changes to the materials contained on its online store at any time without notice. Brainstorm does not, however, make any commitment to update the materials.

Given the dynamic and changing environment of the information and services provided through the Page, Brainstorm reserves the right to modify any content, logo, picture contained on this Site without notice.

The provision of the service of the Page and Contents has, in principle, indefinite duration.   Brainstorm, however, it is authorized to terminated or suspend the provision of the service of the Page and / or any of the Contents at any time. Where reasonably, Brainstorm will communicate the termination or suspension of the Page.

Hyperlinks

The function of the Hyperlinks that appear in this Web is exclusively the one to inform to the user about the existence of other Web that contain information on the subject. Such hyperlinks are not suggestion or recommendation.

Brainstorm is not responsible for the contents of such linked pages, the operation or utility of Hyperlinks or the result of such links, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), documents or files of the user, excluding any liability for damages of any kind caused to the user for this reason.

Access to the Brainstorm website does not imply an obligation on the part of Brainstorm to control the absence of viruses, worms or any other harmful computing element. It is the responsibility of the User, in any case, the availability of adequate tools for the detection and disinfection of harmful software,   Brainstorm   is not responsible for possible security errors that may occur during the rendering of the service of the Website, or for any damages that may be caused to the computer system of the user or third parties (hardware and software), files or documents stored in the same, as a consequence of the presence of virus in the computer of the user used for the connection to the services and contents of the Web, a malfunction of the browser or the use of non-updated versions of the same.

Brainstorm has not reviewed all of the sites linked to its Internet online store and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Brainstorm of the site. Use of any such linked online store is at the user’s own risk.

Those persons who intend to establish hyperlinks between their website and the Website must observe and comply with the following conditions:

Prior authorization is not required when the Hyperlink only allows access to the home page but cannot reproduce it in any way. Any other form of Hyperlink will require the express and unambiguous authorization in writing from Brainstorm.

No false, inaccurate, or offensive statements or indications Brainstorm their managers, employees or collaborators, or   the persons that are related in the Page for any reason, or of the Users of the Page, or of the Contents supplied.

It will not be stated or implied that Brainstorm has authorized the Hyperlink or that has supervised or assumed in any way the Contents offered or made available to the web page where the Hyperlink is established. The Web page in which the Hyperlink is established can only contain what is strictly necessary to identify the destination of the Hyperlink.

The Web page in which the Hyperlink is established will not contain information or illegal content, contrary to morality and generally accepted good practices and public order, nor will it contain content contrary to any rights of third parties.

Cookie Policy

It is possible that our servers collect information on the way users navigate on this site, by using cookies. These data are normally limited in time, will not identify the user and will not be used but to improve the user experience and the navigation on this site. Our cookies do not allow the extraction or storage of personal information for contacting the user. Brainstorm does not sell advertising and our site does not collect cookies for advertising purposes. However, should users want to prevent their browser to receive cookies, or wish to receive further information on them, they can adjust the cookies’ setting in their web browser preferences.

Limitations

In no event shall Brainstorm or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Brainstorm’s Internet site, even if Brainstorm or a Brainstorm authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on the Brainstorm webpage could include technical, typographical, or photographic errors. Brainstorm does not warrant that any of the materials on its online store are accurate, complete, or current. Brainstorm may make changes to the materials contained on its online store at any time without notice. Brainstorm does not, however, make any commitment to update the materials.

Limitation of Liability

Brainstorm excludes all responsibility for the decisions that the User may take based on this information, as well as for possible typographical errors that may contain the documents and graphics of the Page. The information is subject to change its content expansion, improvement, correction or updating of the Content, and Brainstorm reserves the right to modify them without prior notice.

Jurisdiction

For any questions that arise about the interpretation, application and enforcement of this Legal Notice, as well as claims or disputes relating to this Brainstorm website shall be governed by the Laws of Madrid, Spain, without regard to its conflict of law provisions, and renouncing expressly to any other jurisdiction that may correspond to them. Applicable legislation for this Terms or Use is governed by the Spanish law.


Copyright © 2018 – Brainstorm Multimedia, SL – All rights reserved by copyright and international intellectual property laws and treaties. It is expressly prohibited to copy, reproduce or disseminate, in whole or in part, by any means.